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r <br /> . EXHIBIT A <br /> AGREEMENT <br /> AGREEMENT, by and between the City of Decatur, Illinois ("City"), a municipal corporation, <br /> and Illinova Energy Partners Inc., ("Illinova"), a Delaware Corporation. <br /> Whereas, Illinova has proposed to install, own, operate and maintain a street lighting I <br /> system in and around the area of Millikin University, in the City of Decatur; and, I <br /> Whereas, such lighting system shall improve the aesthetic quality and appeal of such <br /> area, as well as improve the lighting of the public streets and sidewalks therein, and is in the <br /> public interest and the interest of the residents of said area; and <br /> Whereas, the lighting system will be installed on City property adjacent to real estate <br /> owned by private owners (individually "Property Owner" or collectively "Property Owners") I <br /> who shall be paying a portion of the cost of the lighting system; and <br /> Whereas, the City agrees that some portion of the cost of said lighting system should be ' <br /> borne by the public. <br /> NOW THEREFORE, for and in consideration of the promises and obligations contained ' <br /> herein, the City and Illinova agree as follows: <br /> l. Illinova shall construct and install a street lighting system in the area generally <br /> bounded by Wood Street, Fairview Avenue, Eldorado Street and Haworth Avenue, in the City of <br /> Decatur, according to plans and specifications approved by the City's Department of Public <br /> Works, which approval is a condition precedent to any duties or obligations of the City set out <br /> herein. <br /> 2. Prior to undertaking any work on public right-of-way as provided in section 1 hereof, <br /> Illinova, or its contractor, must apply for any applicable licenses or permits as required by City <br /> Code or ordinance, and no such work may be commenced until such permits are issued. Nothing <br /> herein shall be construed as waiving any requirements for the issuance of any such licenses or <br /> permits. <br /> 3. Illinova, or its contractor, shall provide such insurance, and proof thereof, regarding <br /> such work as are required generally for contractors working in City right-of-way, and the same <br /> shall be approved by the City's Risk Manager prior to the issuance of any licenses or permits. <br /> 4. As full and complete consideration for the construction and installation of the street <br /> lighting system described herein (except for those payments described in section 6 hereo�, the <br /> City shall pay Illinova the sum of Two Hundred and Fifty Thousand ($250,000.00) Dollars. <br /> Ninety-five percent of such payment shall be paid after the City's review and approval of a <br /> CertiFicate of substantial completion which shall be submitted by Illinova in such form and detail <br /> as the City may require. The remaining five percent of such payment shall be paid upon <br />